Can I File Suit if the Other Driver Was Texting and Driving? - Bryan Garrett Personal Injury Attorney

While the issue of distracted driving has existed for over a century, texting and driving is still a relatively new and uniquely destructive form of distracted driving. Despite continuous warnings, laws, and tragedies, people still text and drive every day.

If you were in an accident involving a distracted driver who was texting, eating or drinking while driving you may be able to seek compensation. Contact an Oklahoma distracted driving attorney for legal advice and representation.

Accident attorneys at Bryan Garrett, PLLC, can help you seek compensation for auto damages and personal injuries caused by distracted driving.

What Happens When People Text and Drive

Many drivers believe they can text and drive safely. While people may be able to send a text and drive without causing an accident once, that doesn’t make it safe. Texting and driving risks the lives of everyone on the road.

Every driver is responsible for keeping themselves and their fellow drivers safe when on the road. If they aren’t practicing reasonable care, they can face consequences. When an accident occurs because of texting and driving, the driver may face charges if an attorney can prove they were distracted.

Younger people are more likely to text and drive. As more people who grew up with cell phones in their hands become drivers, the more common texting and driving becomes. One way to tackle this issue is by holding these distracted drivers accountable for the damage they cause.

Oklahoma Laws on Texting and Driving

Oklahoma has instituted laws to target this issue to prevent the tragedies that occur from texting and driving.

In 2015, State Troopers Nicholas Dees and Keith Burch were killed by a distracted driver while investigating another accident. Afterward, Oklahoma passed the Trooper Nicholas Dees and Trooper Keith Burch Act of 2015, which officially made texting and driving illegal in Oklahoma.

This law makes sending, writing, or reading a text illegal while operating a motor vehicle. There are a few exceptions to this rule, such as calling or texting:

A fire station
A law enforcement officer
A hospital or clinic
An emergency response operator
An ambulance service

The Oklahoma Highway Safety Office defines distracted driving as:

Talking or texting on your phone
Eating
Drinking
Talking to passengers
Adjusting the stereo

Oklahoma can charge the driver if any of these activities result in an accident. If an officer catches a driver texting and driving in Oklahoma, even if they didn’t cause damage, the driver can still face a fine of $100.

If you suffered an injury or damage from an accident caused by a distracted driver, call an Oklahoma distracted driving attorney as soon as possible.

Compensation for Motor Vehicle Accidents Involving Distracted Driving

You can seek compensation if another driver was texting and driving when your accident occurred.

However, seeking compensation may be difficult because of the burden of proof. You need to prove that 1) the other driver was texting at the time of the accident and 2) their distracted driving was the cause of the accident.

You might seek video evidence or eyewitness accounts to collect this proof. In some cases, the police may be able to retrieve phone records from the alleged distracted driver.

Seeking Compensation for a Distracted Driving Accident? Contact an Experienced Oklahoma Attorney

If you don’t know where to start, contact an Oklahoma distracted driving attorney at Bryan Garrett, PLLC. Bryan Garett and his team may be able to help you file a personal injury claim for the accident.